Summary: We will not investigate this complaint about the Council’s administration of the grammar school test as part of the school admission process. This is because it would have been reasonable for the complainant to pursue the matter by way of an appeal.

The complaint

1. The complainant, Mr X, complains that the Council’s handling of his child’s grammar school test assessment was flawed, and failed to take account of his child’s Looked After Child (LAC) status.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s child took the Kent Test for grammar school entry. The admission procedure for grammar schools in the Council’s area includes a Head Teacher Assessment, where pupils who did not reach the required level in the test can have their cases examined. The process relies on the child’s school to apply for this assessment. Mr X’s child’s school did not do so, so his application was not passed for assessment.
6. Mr X complains that the Council’s procedure is flawed and the way it was applied in his son’s case was unreasonable. He says the reliance on email contact with schools regarding the Head Teacher Assessment is not appropriate, and that the Council should have taken further action to ensure his son’s school responded. He says the Council should have put safeguards in place and acted to ensure his child was not disadvantaged as an LAC.
7. The Ombudsman will not investigate Mr X’s complaint. The actions of the Council about which he complains were in the context of the school admission process. It was open to Mr X to pursue his application for a school and, if it was unsuccessful, to use his right to appeal. Mr X does not believe it was appropriate for him to have to appeal. However, it is precisely the purpose of the appeal process to consider such matters.
8. Independent appeal panels for secondary schools, including grammar schools, must consider whether the admissions arrangements were compliant with the mandatory requirements set out in the School Admissions Code and whether the admission arrangements were applied correctly. This would have given Mr X to opportunity to make his case that they were not. It was therefore reasonable for him to use his right to appeal. The Ombudsman will not therefore intervene

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Final decision

9. We will not investigate Mr X’s complaint because it was reasonable for him to use his right to appeal.

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Investigator's decision on behalf of the Ombudsman